HomeMy WebLinkAboutO-2011-3362 closing a portion of the alley in Block 48 D
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: June 27, 2011
Source of Funds: N/A
Requested By: Tim Tietiens
Account Number: N/A
Department: Planning
Amount Budgeted: N/A
Report: Resolution: Ordinance: X
Amount Requested: N/A
Exhibits: Budgeted Item: _ YES _.,2,_,NO
1. Ordinance
2. Deeds to Grantees
3. Public Utility Easement
4. Area Map
SUMMARY & RECOMMENDATION
The City has received an application from Ms. Fran Lowe to vacate, abandon and close the remaining
6,000 square foot portion of the alley in Block 48, La Porte (see Exhibit 4, Area Map). Ms. Lowe has
recently sold the block to two parties for which she is acting as agent in closing the subject alleys.
City Staff has reviewed the closing request and determined that the City has no existing utilities within
the alley to be closed. However, Centerpoint Energy, AT &T and Comcast have each expressed need for
an easement within the east/west portion of alley (described as Tract One in ordinance). A 16' foot wide
public utility easement has been prepared and will be executed upon passage and approval of the closing
ordinance.
In accordance with Section 62.35 of the Code of Ordinances, Staff has ordered an independent appraisal
of the alleys in question to determine the fair market value. The appraisal established a value of $1.50
per square foot. The City has subsequently received payment from Ms. Lowe in the amount of $6,750
(75% of Fair Market Value per the ordinance).
Recommendation:
Staff recommends vacating, abandoning, and closing the subject alley, recording of a public utility
easement within the east/west portion of the alley, and delivering a deed for the closed alley to the
adjoining landowners.
Action Required of Council:
• Approve an ordinance vacating, abandoning, and closing the remaining 6,000 square foot portion
of the alley in Block 48, La Porte;
• Authorize the execution of a 16' foot wide public utility easement within the east/west portion of
the alley;
• thorize the execution and delivery of a deed to the adjoining landowners.
pp ve • fo Council Agenda
1 8+o e
Ron Bott :: s, City Manager Date
DEED WITHOUT WARRANTY
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
Date: June 27, 2011
Grantor: City of La Porte, a municipal corporation
Mailing Address: 604 West Fairmont Parkway, La Porte, TX 77571
Grantee: 1202 West A, LLC
a Texas limited liability company
Mailing Address: 314 -A Nasa Parkway #130, Seabrook, TX 77586
Consideration: Ten and No /100 Dollars ($10.00) cash and other good
and valuable considerations
Property (including any improvements):
That portion of the alley in Block 48, Town of La Porte,
Harris County, Texas, lying and being situated between
the south fourteen feet (14') of Lot 7, and all of Lots
8 through 10, both inclusive; and the south fourteen feet
(14') of Lot 26, and all of Lots 23 though 25, both
inclusive, in Block 48, Town of La Porte, as generally
illustrated on Exhibit "A" attached herein and made part
hereof, containing a total of fourteen hundred twenty -
four (1,424) square feet, which alley Right -of -Way was
vacated, abandoned, and closed by City of La Porte
Ordinance No. 2011-A14 passed and approved by the City
Council of the City of La Porte on June 27, 2011.
Reservations from and Exception to Conveyance and Warranty: This
conveyance is made subject to all and singular the restrictions,
conditions, oil, gas, and other mineral reservations, easements,
and covenants, if any, applicable to and enforceable against the
above described property as reflected by the records of the county
clerk of the aforesaid county.
Grantor for the consideration and subject to the reservations from
and exceptions to conveyance, conveys to Grantee the property
without express or implied warranty, and all warranties that might
arise by common law and the warranties in §5.023 of the Texas
Property Code (or its successor) are excluded.
l ip of Lll ,srte
By: 0 ' I q*.
` ∎Bottoms, City Manager
Attest:
A cute 1 b
Pa rice Fogarty
City Secretary
Approved:
i
Knox W. Askins
City Attorney
STATE OF TEXAS §
§
COUNTY OF HARRIS §
t iM
This instrument was acknowledged before me on the " day of
U , 2011, by Ron Bottoms, City Manager of the City of La
Port , a municipal corporation.
a M. '
: My SHARON HARRIS
Commission Expires
September 12, 2013 ry Public, State of Texas
T h41 AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF:
CITY OF LA PORTE ASKINS & ASKINS, P.C.
604 West Fairmont Parkway P.O. Box 1218
La Porte, TX 77571 La Porte, TX 77572 -1218
EXHIBIT "A" TO DEED
E
WEST MAIN ST.
N.T.S.
LOTS 1 -6 LOTS 27 -31
LOTS 7 -10 LOTS 23 -26
2
PORTION OF ALLEY (16' x 89')
DEEDED TO
1202 WEST A, LLC
0
LOTS 11 -16 0 LOTS 17 -22
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WAST
BLOCK 48, LA PORTE
DEED WITHOUT WARRANTY
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
Date: June 27, 2011
Grantor: City of La Porte, a municipal corporation
Mailing Address: 604 West Fairmont Parkway, La Porte, TX 77571
Grantee: EMROJC, LLC
a Texas limited liability company
Mailing Address: 5726 Southwest Freeway, Houston, TX 77057
Consideration: Ten and No /100 Dollars ($10.00) cash and other good
and valuable considerations
Property (including any improvements):
That portion of the alley in Block 48, Town of La Porte,
Harris County, Texas, lying and being situated between
the south boundary line of Lots 1 through 6, and Lots 27
through 31, both inclusive, Block 48, Town of La Porte,
Harris County, Texas, and the north boundary line of Lots
7 and 26, Block 48, Town of La Porte, Harris County,
Texas, and that portion of the alley lying and being
situated between the north eleven feet (11') of Lot 7 and
the north eleven feet (11') of Lot 26, Town of La Porte,
Harris County, Texas as generally illustrated on Exhibit
"A" attached herein and made part hereof, containing a
total of forty -five hundred seventy -six (4,576) square
feet, which alley Right -of -Way was vacated, abandoned,
and closed by City of La Porte Ordinance No. 2011 -2,
passed and approved by the City Council of the City of La
Porte on June 27, 2011.
SAVE AND EXCEPT: Grantor retains for itself, its
successors and assigns, a sixteen (16) foot wide public
utility easement within the above described portion of
the alley in Block 48, Town of La Porte, Harris County,
Texas.
Reservations from and Exception to Conveyance and Warranty: This
conveyance is made subject to all and singular the restrictions,
conditions, oil, gas, and other mineral reservations, easements,
and covenants, if any, applicable to and enforceable against the
above described property as reflected by the records of the county
clerk of the aforesaid county.
Grantor for the consideration and subject to the reservations from
and exceptions to conveyance, conveys to Grantee the property
without express or implied warranty, and all warranties that might
arise by common law and the warranties in §5.023 of the Texas
Property Code (or its successor) are excluded.
�t a rte
By:
'on Botto s, City Manager
Attest: nn.. ,, ,,
l tub
Pa rice Fogarty
City Secretary
Approved:
Knox W. Askins
City Attorney
STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on the 7 day of
RU , 2011, by Ron Bottoms, City Manager of the City of La
Porttlle, a municipal corporation.
•
1
No ary Public, State of Texas
111 IP
1 SHARON HARRIS
My Commission Expires
September 12, 2013 `
Nitiosiffr
AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF:
CITY OF LA PORTE ASKINS & ASKINS, P.C.
604 West Fairmont Parkway P.O. Box 1218
La Porte, TX 77571 La Porte, TX 77572 -1218
EXHIBIT "A" TO DEED
WEST MAIN ST.
N.T.S.
LOTS 1 -6 LOTS 27 -31
LOTS 7 -10 LOTS 23 -26
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PORTION OF ALLEY (4,576 SQ. Fr)
DEEDED TO EMROJC, LLC
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LOTS 11 -16 o LOTS 17 -22
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WAST
BLOCK 48, LA PORTE
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF HARRIS
That EMROJC, LLC ( "Grantor'), for and in consideration of Ten and no /100
Dollars ($10.00) and other good and valuable consideration paid by the CITY OF
LA PORTE ( "Grantee"), a Municipal Corporation and its Franchisees, the receipt
and sufficiency of which is hereby acknowledged and confessed, have this day
GRANTED, BARGAINED, SOLD AND CONVEYED and by these presents do
GRANT, SELL AND CONVEY unto said GRANTEE, and to its successors and
assigns the perpetual right, privilege and easement, with appropriate rights of
ingress and reasonable working area for construction and maintenance, to enter
upon and construct, reconstruct, maintain, operate, inspect, replace, repair and
remove ALL PUBLIC UTILITIES together with all necessary appurtenances,
over, across, through and under that certain tract or parcel of Land lying and
being situated in Harris County, Texas and being more particularly described on
Exhibits "A" & "B" attached hereto and made a part hereof for all purposes.
TO HAVE AND TO HOLD the above described easement, together with all and
singular the rights and appurtenances thereto in anywise belonging unto said
GRANTEE, and its successors or assigns, in accordance with the terms and
conditions hereinabove set forth. The GRANTOR does hereby bind itself, its
successors or assigns to WARRANT AND FOREVER DEFEND, all and singular
the said easement unto the GRANTEE, its successors or assigns, against every
person whomsoever lawfully claiming or to claim the same or any part thereof.
WITNESS THE EXECUTION HEREOF on this the / L I day of --1 2011.
BY: X
Authorized Representative of EMROJC, LLC
This instrument was acknowledged before me on the / day of -e-
- K ANN M. JONES _ .. i -- -
r �� Public. of Tom` Nota Public, Sta of exas
1 .� '" Come+ ° j i , ; , November 20, 2011
Malting Addre . , �=:.,�_ -
City of La Porte
604 West Fairmont Parkway
La Porte, Texas 77571
2
EXHIBIT "A"
(16' Public Utility Easement in Block 48, La Porte)
Being a 4,256 square foot tract of land situated in Block 48, La
Porte, Harris County, Texas, and being more particularly
described by metes & bounds as follows;
BEGINNING at the southeast corner of Lot 27, Block 48, La Porte;
THENCE in an westerly direction along the south line of Lots 27
through 31 and Lots 1 through 6, inclusive, to the southwest
corner of Lot 6, a distance of 266 feet, said point being
located on the east right -of -way line of South 12 Street;
THENCE in a southerly direction along the east right -of -way line
of South 12 Street, a distance of 16 feet to the northwest
corner of Lot 7;
THENCE in an easterly direction along the projected north line
of Lots 7 and 26, a distance of 266 feet to a point for corner
at the northeast corner of Lot 26, said point being located on
the west right -of -way line of South 11 Street;
THENCE in a northerly direction, along the west right -of -way
line of South 11 Street, a distance of 16 feet, to POINT OF
BEGINNING, containing a total area of 4,256 square feet of land.
3
EXHIBIT "B" TO PUBLIC UTILITY EASEMENT N
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LOTS 1 -6 LOTS 27 -31
16' PUBLIC UTILITY EASEMENT
OUT OF BLOCK 48, LA PORTE w
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LOTS 17 -22
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EXHIBIT "A"
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ORDINANCE NO. 2011- 36).
AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE
ALLEY IN BLOCK 48, LA PORTE, HARRIS COUNTY, TEXAS; RETAINING A
SIXTEEN (16') FOOT WIDE PUBLIC UTILITY EASEMENT AND AUTHORIZING
THE EXECUTION AND DELIVERY OF A DEED TO THE ADJOINING
LANDOWNERS, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the City Council of the City of La Porte has been
requested by the record owners of all of the property abutting
the hereinafter described portion of the alley in Block 48, La
Porte; to vacate, abandon, and permanently close the hereinafter
described portion of the alley 48, La Porte, Harris County,
Texas; and,
WHEREAS, the City Council of the City of La Porte has
determined and does hereby find, determine, and declare that the
hereinafter portion of the alley in Block 48, La Porte, Harris
County, Texas, is not suitable, needed, or beneficial to the
public as a public road, street, or alley, and the closing of
the hereinafter described alley in Block 48, La Porte, Harris
County, Texas, is for the protection of the public and for the
public interest and benefit, and that the hereinafter described
portion of the alley in Block 48, La Porte, Harris County,
Texas, should be vacated, abandoned, and permanently closed.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. Under and by virtue of the power granted to
the City of La Porte under its home rule charter and Chapter
253, Section 253.001, Texas Local Government Code, the
hereinafter described portion of the alley in Block 48, La
Porte, Harris County, Texas, is hereby permanently vacated,
abandoned, and closed by the City of La Porte, to wit:
2
TRACT ONE:
That portion of the alley in Block 48, La Porte
situated between the south line of Lots 1 through 6,
the north line of Lots 7 & 26, and the south line of
Lots 27 through 31, containing a total of 4,256 square
feet and generally illustrated on Exhibit "A"
incorporated by reference herein.
TRACT TWO:
That portion of the alley in Block 48, La Porte
situated between the east line of Lots 7 through 10
and the west line of Lots 23 through 26, containing a
total of 1,744 square feet and generally illustrated
on Exhibit "A" incorporated by reference herein.
Section 2. The City of La Porte hereby retains for itself,
its successors and assigns, a sixteen (16) foot wide public
utility easement within that portion of the above - described
"Tract One" alley closing.
Section 3. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the
date, hour, place, and subject of this meeting of the City
Council was posted at a place convenient to the public at the
City Hall of the City for the time required by law preceding
this meeting, as required by the Open Meetings Law, Chapter 551,
Texas Government Code; and that this meeting has been open to
the public as required by law at all times during which this
ordinance and the subject matter thereof has been discussed,
considered, and formally acted upon. The City Council further
ratifies, approves, and confirms such written notice and the
contents and posting thereof.
Section 4. This ordinance shall be effective from and
after its passage and approval, and it is so ordered.
3
PASSED AND APPROVED THIS p? / DAY OF 2011.
CITY OF LA PORTE
By:
41.1124
w uis •Figby, Mayor
ATTEST:
r// l A)/ .�.i
Patrice Fog -ff y, City Secretary
APPROVED:
Altd■V 241)
Knox W. Askins, City Attorney